State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: June 11, 2015 519971
________________________________
BENJAMIN SUTCH,
Appellant,
v
DEBERA C. SUTCH-LENZ, Also
Known as DEBERA C. SUTCH,
et al., MEMORANDUM AND ORDER
Defendants,
and
DEAN M. COON, as Guardian ad
Litem of BENJAMIN SUTCH,
an Infant,
Respondent.
________________________________
Calendar Date: April 30, 2015
Before: Lahtinen, J.P., Garry, Egan Jr. and Rose, JJ.
__________
Towne, Ryan & Partners, PC, Albany (Dana K. Scalere of
counsel), for appellant.
Smith, Sovick, Kendrick & Sugnet, PC, Syracuse (Brady J.
O'Malley of counsel), for respondent.
__________
Egan Jr., J.
Appeal from an order of the Supreme Court (Nolan Jr., J.),
entered July 2, 2014 in Saratoga County, which, among other
things, granted defendant Dean M. Coon's motion for summary
judgment dismissing the complaint against him.
The underlying facts are fully set forth in our prior
decision involving a virtually identical appeal brought by
-2- 519971
plaintiff's sister, Jessica Sutch, wherein this Court affirmed
Supreme Court's order granting a motion by defendant Dean M. Coon
(hereinafter defendant) for summary judgment dismissing the
complaint against him (Sutch v Sutch-Lenz, ___ AD3d ___, 2015 NY
Slip Op 04693 [2015]). Upon reviewing the record on appeal in
this case, we find that the allegations of legal malpractice and
breach of fiduciary duty asserted against defendant, as well as
the arguments raised by plaintiff on the present appeal, mirror
those raised by plaintiff's sister on her prior appeal – as does
the evidence tendered in support of defendant's motion for
summary judgment dismissing plaintiff's complaint and the proof
submitted by plaintiff in opposition thereto. Accordingly, as
plaintiff's arguments and proof relative to defendant's
representation of him are indistinguishable from those previously
raised by his sister, we affirm for the reasons set forth in our
prior decision (id.).
Lahtinen, J.P., Garry and Rose, JJ., concur.
ORDERED that the order is affirmed, with costs.
ENTER:
Robert D. Mayberger
Clerk of the Court